Master of Public Policy Capstone Project Refugee Claims and Successful Claimants in Canada 2000-2014: A Description of a Forgotten Reality in Canada Submitted by: Camilo Andres Camacho Escamilla Approved by supervisor: Dr. Ronald Kneebone Submitted in fulfillment of the requirements of PPOL 623 and completion of the requirements for the Master of Public Policy degree. 1 P age
Table of Contents Acknowledgments... 4 Executive Summary... 5 Introduction... 7 Canadian Immigration and Refugee Policy Background: 2000-2014... 9 Refugee Types: Sponsored Refugees and Refugee Claimants... 13 Sponsored Refugees: An Overview... 16 Refugee Claimants: The Numbers... 19 Distribution of Gender... 20 Distribution by Provinces... 21 Countries of Persecution... 23 Successful Refugee Claimants: Refugee Claims Approved and Refused... 27 Distribution of Gender... 31 Distribution by Provinces... 33 Countries of Origin of Claims Approved and Refused... 34 Government Policy and Refugee Flows... 38 Policy Implications and Challenges... 41 Conclusions... 46 References... 50 3 P age
Acknowledgments This study and the completion of my master s degree would not have been possible without the support and encouragement of many people throughout the entire process. In particular, I would like to thank the School of Public Policy at the University of Calgary for letting me be part of their selected students and giving me invaluable tools to improve current policies and develop new and better policies when needed. To Dr. Ron Kneebone, who thanks to his experience, knowledge and comments contributed to the development and completion of the present Capstone Project. Similarly, I would like to thank friends and acquaintances that through their personal refugee experiences and stories motivated the development of this research. More importantly, I want to show gratitude my family in Colombia who would always be there encouraging me every moment. My family in Canada, and the Fridhandler family who patiently waited and supported me in countless ways for the completion if this study. And the Poitras family, who with enormous kindness always supported me and pushed me until the last period of this research... And of course Erika Poitras, for always being there for me with her endless support and smile. 4 P age
Executive Summary Current Canadian immigration and refugee provisions define two different types of refugees depending on where the applicants are located when submitting a claim (from within Canada or elsewhere), giving them different procedures and conditions to apply, as well as different benefits and support once their claim is approved. Thus, under the In- Canada Asylum Program, if the claim is successfully submitted in person from within Canada at any Port Of Entry (POE), the applicant receives a Refugee Claimant status and is entitled to stay in the country under certain conditions and limited rights while his/her application is processed. In turn, through the Refugee and Humanitarian Resettlement Program, if the applicant s claim is submitted from outside Canada, refugee applicants have to remain outside the country until a decision on his/her claim is reached. Once a refugee claim submitted from outside the country is approved, the applicant is allowed to come to Canada and is eligible to be sponsored by private entities or public funds. These refugees are known as Sponsored Refugees or Resettled Refugees and are given particular benefits and support. Refugees granted status after applying from within Canada (Successful Refugee Claimants), on the other hand, are permitted to remain in the country but without any type of sponsorship and with different levels of support. Using information provided to the author by Statistics Canada, this paper shows to be false the common perception that most refugees come to Canada after applying from overseas and arrive supported by the government or by private funds. In fact, the number of refugees annually given Refugee Claimant status in Canada significantly exceeds the number of Sponsored Refugees in the country. Moreover, the number of Successful Refugee Claimants is also greater than the number of Resettled Refugees in the country. As this research suggests, despite the efforts made by the government to reduce the number of claims submitted from within Canada along with the number of Successful Refugee Claimants, the Inland Refugee Program continues to be the main source of refugees in the country over the period 2000-2014. Despite the importance of government and private sponsorships for those fearing persecution in their home country, the abundant attention given to these efforts has led to less attention being paid to the challenges faced by refugees making claims from within the country. This study argues that the Canadian humanitarian tradition has been significantly affected by government policies enacted since 2001. Those policies, along with the implementation of the new Immigration and Refugee Act, have, in recent years, shaped a more selective and, in cases, discriminatory refugee policy. Specifically, through the establishment of two 5 P age
different refugee programs, procedures and rights given to both refugees applications made and approved from within Canada and from specific world regions, Canada has toughened its refugee policies in an attempt to restrict the entrance of people with unfounded refugee claims who can possibly pose a threat to the security of Canadians. This has indirectly (or directly) led to the establishment of two different classes of refugees. The first class is composed of Resettled Refugees sponsored by either the government or private funds, with different benefits and support during their settlement in Canada and with a likelihood of success in the country due to the support given. These are the refugees targeted and brought from overseas who, based on the level of support provided them, seem to be more desired and wanted. The second class of refugees is composed of those refugees who receive little support during their settlement in the country (Successful Refugee Claimants) and who as a result face greater difficulty in managing a successful integration into Canadian society. The latter class of refugees, due to its unattended nature and number leads to very distinct integration experiences among refugees compared to those of the first class, limits their contribution to the Canadian prosperity, increases their vulnerability in the country and significantly increases the burden on local and provincial governments in need of providing social assistance to those new residents of Canada as they are more likely to rely on social assistance and informal support for longer periods of time than their counterparts. This paper aims to be a milestone to the limited knowledge existent on Refugee Claimants and Successful Refugee Claimants after their arrival in the country. It provides an analysis of the total number of refugee claims submitted from 2000 to 2014 across the country and provinces and territories as a whole. Similarly, this research examines the number of refugee claims processed, approved and refused in Canada over the period 2002-2014, as well as offers an analysis on the rate of approval and refusal of claims over that period of time. Each analysis provided in this paper takes into consideration the differences in numbers found by provinces, gender and country of persecution. Recognizing the dimension in number and vulnerability, as well as increasing public awareness and research on Refugee Claimants and Successful Refugee Claimants, revisiting the current Canadian refugee policy, reexamining the standards used to consider countries as safe, and increasing the funds available to support the second class of refugees by engaging private donors as it has been done with resettled refugees throughout the years and more recently with Syrian refugees, are key elements to take into account in order to reduce the vulnerability that thousands of refugee claimants and successful claimants face in Canada. 6 P age
Introduction Canada is recognized for its humanitarian tradition in providing a safer place to live for people fearing persecution or afraid to return to their home country due to a war or violence taking place there. This humanitarian tradition historically has responded to violent events occurring around the world in countries where people have been systematically displaced and forced to leave. Starting with refugees from the American Revolution in the late 18 th Century, Canada has offered protection to people from almost every continent in the world. Polish, Jewish, Ukrainians, Chileans, Bengalis, Cambodians, and more recently Latin Americans, Eastern Europeans and Africans 1 have been some of the citizens and places where most of the refugees in Canada have come from. Each group of refugees has posed important challenges to the rights and policies offered to them when arriving in Canada, most of which have resulted in the adoption of international agreements 2 and its subsequent harmonization with the Canadian national regulations on immigration and refugee matters. 3 Current Canadian immigration and refugee provisions define two different types of refugees depending on where the applicants are located when submitting a claim (from within Canada or elsewhere), giving them different procedures and conditions to apply, as well as different benefits and support once their claim is approved. Thus, under the In- Canada Asylum Program, if the claim is successfully submitted in person from within Canada at any Port Of Entry (POE), the applicant receives a Refugee Claimant status and is entitled to stay in the country under certain conditions and limited rights while his/her application is processed. In turn, through the Refugee and Humanitarian Resettlement Program, if the applicant s claim is submitted from outside Canada, refugee applicants have to remain outside the country until a decision on his/her claim is reached. Once a refugee claim submitted from outside the country is approved, the applicant is allowed to come to Canada and is eligible to be sponsored by private entities or public funds. These refugees are known as Sponsored Refugees or Resettled Refugees and are given particular benefits and support. Refugees granted status after applying from within 1 Canada: A History of Refuge, last modified June 3, 2016, http://www.cic.gc.ca/english/games/teacherscorner/refugee/refuge.asp 2 International regulations such as the 1951 United Nations Convention Relating to the Status of Refugees and its Protocol (1967) and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. These provisions establish minimum standards for the treatment of refugees and prevent their expulsion to countries where their lives could be at risk. 3 Some of them are the Canadian Charter of Rights and Freedoms, the Immigration Acts (1952, 1976, 2001), and their corresponding amendments and regulations. 7 P age
Canada (Successful Refugee Claimants), on the other hand, are permitted to remain in the country but without any type of sponsorship and with different levels of support. As will be discussed in this paper, despite the fact that the number of Refugee Claimants is almost double the number of Sponsored Refugees brought into Canada per year, and that the number of Successful Claimants from within Canada is similar to the number of Resettled Refugees in the country, the attention given to refugee matters in the country by different actors have mainly focused on the latter group of refugees. This can be seen in the recent effort to bring to the country 25,000 Syrian refugees in response to the humanitarian crisis taking place in the Middle Eastern country with thousands of people displaced. In particular, as the Liberal government has committed to continuing Canada s humanitarian tradition and keeping the campaign promises made during the most recent federal election, private sponsors, non-governmental organizations, provincial, territorial, and municipal governments have been encouraged to get involved in welcoming the number of Syrian refugees targeted. 4 Despite the importance that sponsoring and bringing new refugees to Canada have for those fearing persecution in their home country, the over-attention given to this has led to less attention being paid to Refugee Claimants and Successful Refugee Claimants and the challenges that they face in the country. Academia, media and politicians have focused more on analyzing and working on Resettled Refugee related issues than on the big picture of all refugee matters in Canada. As a result, most of the public s attention has focused on those refugees brought in to Canada from abroad rather than on those currently living among us. The latter are too often forgotten and publically unattended. This paper aims to expand the very limited knowledge that exists on Refugee Claimants and Successful Claimants after their submission within the country. Using data obtained from Statistics Canada, 5 it will provide an analysis of the total number of refugee claims submitted from 2000 to 2014 across the country and provinces and territories as a whole. Similarly, this research will examine the number of refugee claims processed, approved and refused in Canada over the period 2002-2014, as well as offer an analysis on the rate of approval and refusal of claims over that period of time. Each analysis provided in this paper takes into consideration the differences in numbers found by provinces, gender and country of persecution. 4 Backgrounder. #WelcomeRefugees to Canada, last modified November 24, 2015, http://news.gc.ca/web/article-en.do?nid=1021909&_ga=1.141215991.476349099.1331866809 5 Since this information is not available online, the data used was formally requested to Statistics Canada and received on September 2015. 8 P age
As this research will discuss, recent immigration and refugee policies have contributed to shape a more selective and, in cases, discriminatory refugee policy, leading to the establishment of two different classes of refugees in the country, one implicitly deemed more desirable, better funded and better supported (Sponsored Refugees) than the other (Successful Refugee Claimants). However, despite the efforts made by the government to reduce the number of claims submitted from within Canada along with the number of Successful Refugee Claimants, the Inland Refugee Program continues to be the main source of refugees in the country over the period 2000-2014. This analysis is divided in six parts. First, it offers a background of the immigration and refugee policy implemented over the period 2000-2014 in Canada, as well as a description of the refugee types under the current Canadian policy. Second, it delivers an overview on the number of Sponsored Refugees in the country considering mainly the country of origin and the province of destination of them. The third and fourth section provide recent numbers on Refugee Claimants and Successful Claimants over the period of time stated and taking into account the distribution of gender, the provinces of submission, approval and refusal of claims, and the country of origin of both the claims submitted and the claims approved and refused. Section four also includes an analysis on the rated of approval and refusal of the claims submitted by some applicants from certain countries of origin. In section five, this study takes into consideration the numbers presented beforehand and proceeds to analyze the impact of the refugee policies implemented on the number of Refugee Claimants (amount of claims approved and refused) between 2000 and 2014. Finally, in section six, this research discusses the policy implications and challenges that the numbers described and the analysis made brings to the country. Some conclusion are made after this last section. Canadian Immigration and Refugee Policy Background: 2000-2014 The current Immigration and Refugee Protection Act (IRPA) replaced the past Immigration Act in 2001. The provisions of the new act represent an attempt to address issues such as complexity, difficulty to understand and lack of flexibility to allow effective actions. 6 In particular, and due to the widespread threat of terrorism after 9/11, the IRPA successfully coped with the international expectations on fighting terrorism by matching part of its regulations to the international immigration standards, particularly to those established in the United States. 6 Estibalitz Jimenez and Francois Crepeau, The Immigration and Refugee Protection Act, Policy Horizons Canada, accessed November, 2015, http://www.horizons.gc.ca/eng/content/feature-columnist-%e2%80%93- immigration-and-refugee-protection-act 9 P age
Thus, while this new Immigration Act primarily focused on family reunification, the contribution of immigration to economic development, and the protection of refugees, 7 it also addressed the possible risks and threats that permissive immigration measures could bring to Canadian security. In consequence, the new Immigration Act was harmonized to the new Anti-Terrorism Plan (the Anti-terrorism Act and the new bill C-55, the Public Safety Act) and the two joint Canada-U.S. declarations (Joint Statement on Cooperation on Border Security and Regional Migration Issues and the Canada-U.S. Smart Border Declaration). 8 As will be mentioned, these measures brought significant consequences for future Refugee Claimants imposing provisions with stricter conditions of eligibility for them based on security grounds, tightening the border and implementing discretionary powers of detention which has shaped the Canadian refugee protection system in such a way that people in need of protection would be looked first as a potential threat than as human beings. Concerns regarding immigration and the risk that having a lax immigration system could have for increasing the chance of terrorists coming to the country aroused in public opinion in Canada, reinforcing negative perceptions of immigrants in general and threatens to make refugees the scapegoats for society s collective insecurity. 9 In fact, people in favor of strengthening immigration policies and demanding stricter controls and less immigration increased in Canada after 9/11. 10 As such, the government in order to cope with the demands of harmonization of immigration standards with the U.S. increased resources to improve security in the border and stop those who pose any kind of security threat from coming to Canada. 11 In consequence, agent numbers along the border were tripled (from 300 to 900) ( ), to close up the open prairie and to step-up security checks at busy border crossings, with enormous resultant delays. 12 Similarly, over 3 billion dollars were allocated to improve border security with specific funds directed to x-ray machines, ion scanners and other detection equipment, as well as to speed up refugee and immigration screening as well as removal process and detention. 13 Other measures such as asking airlines to provide passenger information prior arrival and implementing visa requirements for countries source of refugees were also implemented to prevent people from arriving or coming into Canada without proper documentation or possible links with terrorism. 7 Citizenship and Immigration Canada, Canada Facts and Figures. Immigrant Overview, Permanent Residents (Canada: 2015), http://www.cic.gc.ca/english/pdf/2014-facts-permanent.pdf 8 Jimenez and Crepeau, The Immigration and refugee Act. 9 Jimenez and Crepeau, The Immigration and refugee Act. 10 Howard Adelman, Canadian Borders and Immigration Post 9/11, The International Migration Review, Vol. 36, No. 1 (Spring, 2002). 11 Adelman, Canadian Borders, 21. 12 Adelman, Canadian Borders, 20. 13 Adelman, Canadian Borders, 23-24. 10 P age
Likewise, the provisions implemented through the IRPA made the submission of a claim in Canada more difficult and made it more difficult to be granted protection from within the country. Certainly, the IRPA expands inadmissibility categories on the basis of security, serious and organized criminality, health and financial reasons, and terrorism (although it is a concept not defined under the regulations or the Act). 14 Among other changes, the consideration of a claim would be now suspended at any moment by the Refugee Protection Division and the Refugee Appeal Division if one of the grounds of inadmissibility is found during the process with no right to appeal the decision made. Similarly, security screening will be initiated for refugee applicants as soon as they make their claim. 15 Furthermore, as Jimenez and Crépeau state, the IRPA also increased and strengthened powers of detention, toughened penalties for persons who break immigration laws, reinforced removal orders and strengthened interdiction provisions, imposing significant barriers to refugee claimants awaiting for a decision on their claims with the risk of being found ineligible and removed from the country 16. In addition to the provisions established through the IRPA, the Canada Border Services Agency (CBSA) was created in 2003 with the purpose of providing integrated border services that support national security and public safety priorities and facilitate the free flow of persons and goods. 17 This Agency was the result of the cooperation agreements referred with the United States and by which Canada agreed to undertake the measures needed to ensure the security of North America after 9/11. Accordingly, among its duties, the CBSA, with approximately 1,200 points across Canada and at 39 international locations was made responsible for detaining those people who may pose a threat to Canada, removing those who are inadmissible to Canada, including those involved in terrorism, organized crime, war crimes or crimes against humanity. 18 As such, and representing the interests of CIC, the CBSA investigates, detects, and apprehends violators of the Immigration & Refugee Protection Act, as well as conducts lengthy and complex investigations of suspected war criminals, national security cases, and organized crime groups. 19 Likewise, the cooperation between Canada and the U.S. strengthened after 9/11 resulted in the so-called Canada-U.S. Safe Third Country Agreement, coming into effect on December 2005. Under this new agreement, both countries agreed on sharing responsibility 14 Jimenez and Crepeau, The Immigration and refugee Act. 15 Jimenez and Crepeau, The Immigration and refugee Act. 16 Jimenez and Crepeau, The Immigration and refugee Act. 17 Canada Border Services Agency Act, last modified June 3, 2016, http://laws-lois.justice.gc.ca/eng/acts/c- 1.4/page-1.html 18 Canada Border Services Agency. What We Do, last modified March 27, 2012, http://cbsaasfc.gc.ca/agency-agence/what-quoi-eng.html 19 Canada Border Services Agency. What We Do. 11 P age
for refugee claims and better managing the flow of refugee claimants at the shared land border 20 and as such stated that refugee claimants are required to request refugee protection in the first safe country they arrive in. 21 In practice, since both countries recognized each other as safe due to the respect human rights and high degree of protection to asylum seekers 22 within their boundaries, potential refugee claimants are expected to apply for refugee protection in the country that they first reached, the United States or Canada. Hence, if a claim is submitted by an individual at any Canada - U.S. landborder it should not be considered unless the claimant meets at least one of the four types of exceptions established under the agreement. 23 Similarly, between 2010 and 2012, the Federal Government introduced a number of changes to the inland refugee determination process in Canada through the Balanced Refugee Reform Act (2010) and Protecting Canadas s Immigration System Act (2012), both coming into force on June and December of 2012 respectively. Though the latter Act is intended to amend the former in different ways, both have the purpose of accelerating the inland refugee determination process, addressing the problem of human smuggling, dissuading non-genuine refugees from applying for protection, 24 and protecting the safety and security of the Canadian public. 25 In particular, as Bechard and Elgersma (2012) point out, the changes implemented to the refugee system resulted in creating groups of Refugee Claimants 26 giving them different treatment in terms of hearing timelines, appealing rights, detention and removal, and applications for work permit and permanent resident status. 27 20 Canada-U.S. Safe Third Country Agreement, last modified July 23, 2009, http://www.cbsaasfc.gc.ca/agency-agence/stca-etps-eng.html 21 Canada-U.S. Safe Third Country Agreement, last modified July 24, 2015, http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp 22 Canada-U.S. Safe Third Country. 23 These exceptions apply if the claimant has a family member in Canada, is an unaccompanied minor, holds a valid Canadian visa, work or study permit, has been charged with or convicted of an offence that could subject him/her to death penalty in the United States or a third country. Similarly, this agreement does not apply in the applicant has arrived by air or by water from the U.S. Up to 2009, nationals of a country to which Canada has temporarily suspended removals (Afghanistan, Burundi, Democratic Republic of Congo, Haiti, Iraq, Liberia, Rwanda and Zimbabwe) were included in the exceptions of the agreement. For more information about the current exceptions of the agreement see: Canada-U.S. Safe Third Country. 24 Julie Bechard and Sandra Elgersma, Legislative Summary. Bill C-31: An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, accessed December, 2015, http://www.lop.parl.gc.ca/about/parliament/legislativesummaries/bills_ls.asp?ls=c31&parl=41&ses=1 25 Backgrounder. Protecting our streets and communities from Criminal and National Security Threats, last modified June 29, 2012, http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-06- 29k.asp 26 These groups, as stated by Bechard and Elgersma (3) are: Standard Claimants, Designated Countries of Origin, Manifestly unfounded Claims, No Credible Basis, Designated Foreign Nationals, and Claimants under the exceptions of the Safe Third Country Agreement. See: Legislative Summary. 27 Legislative Summary. 12 P age
Specifically, the federal government established the categories of Designated Foreign Nationals and Designated Countries of Origin in an attempt to prevent possible criminal and national security threats, 28 as well as deter abuse of the refugee system by people who come from countries generally considered safe. 29 As such, through the first category, and in an effort to stop undocumented immigration in the country, government authorities would be entitled to detain, impose conditions of release, and remove 30 members of a group that is designated by the Ministry of Public Safety as an irregular arrival. 31 In particular, these irregular arrivals potentially involved human smuggling or trafficking with no documents or fraudulently obtained documents making difficult for Canadian authorities to confirm their identity and, therefore, potential security and criminal threats. 32 These individuals are prohibited to apply for permanent residence for five years even if their claim is accepted. 33 Likewise, the government created a list of safe countries of origin which include those countries that do not normally produce refugees, but do respect human rights and offer state protection. 34 Thus, refugee claims submitted by applicants from any of the listed countries will have their claims processed faster and be sent home quickly in case of being found ineligible, as well as will not be able to apply for a work permit upon arrival in Canada. 35 Currently this list, composed of 42 countries, include the United States, Mexico and Hungary, among others. 36 Refugee Types: Sponsored Refugees and Refugee Claimants As a country party to the 1951 United Nation Convention Related to the Status of Refugees and its 1967 Protocol, Canada has agreed to protect those who have been forced to leave their country and who are afraid to return because of war, violence or persecution based on race, religion, nationality, political opinion or membership in a particular social group. 37 In order to protect refugees, the Canadian refugee system under the IRPA of 2002 establishes two different refugee programs by which people from within and outside 28 Backgrounder. Protecting our streets. 29 Backgrounder. Designated Country of Origin, last modified February 1, 2013, http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-11-30.asp 30 Backgrounder. Designated Country. 31 Legislative Summary. 32 Backgrounder. Protecting our streets. 33 Claiming Refugee Protection Under the New System. A Basic Overview, accessed November, 2015, http://www.fcjrefugeecentre.org/canadas-refugee-process/summary-of-the-process/ 34 Designated Countries of Origin, last modified January 12, 2016, http://www.cic.gc.ca/english/refugees/reform-safe.asp 35 Designated Countries of Origin. 36 For a detailed list of the Designated Countries of Origin to date, see: Designated Countries of Origin. 37 Canada: A History of Refuge. 13 P age
Canada can apply so long the applicant fulfill certain requirements. These two programs are, namely, the Refugee and Humanitarian Resettlement Program, for people seeking protection from outside Canada; and the In-Canada Asylum Program for people making refugee protection claims from within Canada. 38 The first program is intended to grant protection to people that have been forced to leave their home country and in many cases happen to live in refugee camps along with their families. These refugees are identified and selected with the assistance of the United Nations Refugee Agency (UNHCR) and resettled to Canada under the Government- Assisted Refugees (GAR) program providing them with immediate and essential services as well as income support under the Resettlement Assistance Program (RAP) to support their initial settlement in Canada. 39 Similarly, refugees selected from abroad can be supported by private sponsors 40 who are responsible for providing financial and emotional support to privately sponsored refugees for the duration of the sponsorship period, or until the refugee becomes financially independent if this should occur during the sponsorship period. 41 The second refugee program, in turn, aims to provide protection to people in Canada who have a well-founded fear of persecution or are at risk of torture, or cruel or unusual punishment in their home countries. 42 A claim for this type of refugee protection can be made by speaking to an officer at any inland office or port of entry (POE) (airport, seaport or Canada-United States border crossing). 43 This officer from the Canada Border Services Agency (CBSA, for claims made at any POE), or Citizenship and Immigration Canada (CIC, for claims submitted at inland offices) will decide whether the claim is eligible or not to be referred to the Immigration and Refugee Board (IRB). 44 If the claim is eligible, the applicant is officially considered a Refugee Claimant and receives a Notice to Appear for a Hearing that tells them when and where the claim will be heard by the Refugee Protection Division (RPD). The hearing is a very decisive moment in the refugee protection process since a member of the RPD decides whether or not the refugee claim is accepted. 38 The refugee System in Canada, last modified May 13, 2016, http://www.cic.gc.ca/english/refugees/canada.asp 39 The refugee System. 40 There are currently four groups of private sponsors recognized in Canada, namely, Sponsorship Agreements Holders (SAHs), Constituent Groups (CGs), Groups of Five (G5), and Community Sponsors (CSs). For more general information about these groups see: Immigration, Refugees and Citizenship Canada, Private Sponsorship of Refugees Program, (Canada: 2016), accessed February, 2016, http://www.cic.gc.ca/english/pdf/pub/ref-sponsor.pdf 41 The refugee System. 42 The refugee System. 43 Claimant s Guide, last modified January 21, 2016, http://www.irbcisr.gc.ca/eng/refcladem/pages/clademguide.aspx#port 44 Claimant s Guide. 14 P age
Depending on the country of citizenship of the applicant, 45 the hearing would be scheduled within 60 days after the claim has been referred to the RPD. 46 Once the applicants are recognized as Refugee Claimants they are permitted to remain in Canada until a final decision on their claim is reached by the RPD. During this time, these claimants are given a temporary status in Canada by which they are entitled to pursue a short term education, 47 work (if granted a work permit), 48 and receive basic health care and prescription drug coverage only if required to prevent or treat a disease posing a risk to public health. 49 Though similar to Resettled Refugees when their application for refugee status is approved, Successful Refugee Claimants are granted the right to remain and live, work and study in Canada upon approval of permanent residency. However, unlike Resettled Refugees, Successful Refugee Claimants are offered different type of assistance in Canada. On the one hand, while the former receive immediate and essential services upon their arrival, monthly income support, 50 and assistance to help them to settle and adapt to life in Canada, 51 the latter group are just entitled to the settlement and adaptation support with no income support or immediate services. 52 On the other hand, while Successful Refugee Claimants and protected status are given the same basic health care coverage they were receiving while waiting for a decision and until they qualify for provincial or territorial health insurance, Resettled Refugees are granted with the same basic coverage but also with supplemental and prescription drug coverage for as long as the they receive income support from the RAP or its equivalent in Quebec or under sponsorship, for up to a maximum of 24 months. 53 These differences might be considered subtle and justified by the idea that Resettled Refugees are taken out straight from the war zone were humanitarian crisis are taking place and that there is not any other way for them to cope with their vulnerability rather than keep 45 If the applicant is national from a Designated Country of Origin (DCO) (countries that are not likely to produce refugees because they are considered as safe countries), his-her hearing would be held within 30 45 days after referral of the claim. 46 Claimant s Guide. 47 Study Permits: Refugee and Protected Persons, last modified May 28, 2014, http://www.cic.gc.ca/english/resources/tools/temp/students/protected.asp 48 Know your rights Refugees, last modified April 26, 2016, http://www.cic.gc.ca/english/refugees/outside/arriving-rights.asp 49 Interim Federal Health Program: Summary of Coverage, last modified March 31, 2016, http://www.cic.gc.ca/english/refugees/outside/summary-ifhp.asp 50 This also includes temporary accommodation, help to find permanent accommodation, needs assessments, information and orientation, links to other federal and provincial programs, and other settlement services. 51 As well as language training, employment orientation, transportation assistance, translation and interpretation services, among others. 52 The refugee System. 53 Interim Federal Health. 15 P age
fleeing, and therefore they need more support. However, despite the fact that these ideas are well founded and have contributed, thanks to the media coverage, to increasing the awareness, concern and funding for those refugees, all the euphoria this generates, contributes to underestimate the vulnerability that Refugee Claimants face in the country, even when their claims are approved. Graph 1. Government Assisted Refugees and Privately Sponsored Refugees in Canada 2000-2014 12 000 11 000 10 000 9 000 8 000 7 000 6 000 5 000 4 000 3 000 2 000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Government-assisted refugees Privately sponsored refugees Source: Citizenship and Immigration Canada, Permanent Residents 1980-2014. Different measures have been implemented over the period 2000-2014 in order to diminish the threat that lax immigration and refugee policies could bring to the security of Canadians with a significant emphasis on the possible risks that refugees could bring. The following section will briefly describe the flux of the number of Sponsored Refugees and, in greater detail, of Refugee Claimants over the period 2000-2014 in an attempt to later discuss to what extent the policies implemented during that period of time effectively affected positively or negatively the submission of claims in the country. A closer view to the numbers will show that despite of the attention generated towards Resettled Refugees in Canada, Refugee Claimants also entail a significant challenge to the country in coping with their needs and reducing their vulnerability. In fact, the number of Refugee Claimants received in Canada almost double the total number of Resettled Refugees annually received. Moreover, the Refugee Claims annually approved is similar to the number of refugees resettled per year in Canada. Sponsored Refugees: An Overview According to Statistics Canada, from 2000 to 2014, 171,938 refugees were accepted to come into Canada through the Government-assisted refugee program and privately 16 P age
sponsored refugee program. Of that total, 65.2% were assisted by the government and 34.8% by private funds. Over this period of time, the government has assisted most of the Resettled Refugees in Canada with a steadily increase in the private sponsor participation in resettling refugees since 2008 with a slight drop in 2012 and a recovery in 2013. These fluctuations can be explained by the changes in the regulations made by the federal government in 2011 and 2012 limiting the amount and the source of refugees to be brought, making the refugee system in Canada less global and more targeted. 54 In particular, the elimination of the Source Country Class in 2011, by which the government and private sponsors were able to resettle persons who are in a refugee-like situation but remain in their country of origin, 55 contributed to decreasing the number of refugees resettled in Canada not only by private sponsors but mostly by the government. 56 Likewise, the imposition of caps on private sponsorship starting in 2011 for certain Canadian missions, 57 as well as the upsurge in the humanitarian crisis in Syria and Iraq urging for an increase in the quota for refugees from those countries, explains the fluctuation in the number of refugees privately and government sponsored from 2011 to 2014. Thus, as shown in graph 1, although between 2013 and 2014 the number of refugees privately sponsored reached 608 refugees more than those resettled by the government, in 2014 the number of government assisted refugees went up to 7,573 while the privately sponsored fell to 4,560. Nonetheless, the recent call for actions to support Syrian refugees has echoed in the private sector expected to get involved along with the government in resettling refugees in the country. As a result, as of January 31, 2016, in order to reach the target of 25,000 Syrian refugees resettled by the end of February 2016, starting in November 4 2015, 15,157 refugees landed in Canada from which 8,767 are being government assisted and 5,341 privately sponsored. 58 This represents an increase of 3,024 (25%) Resettled Refugees (1,194 and 781 government assisted and privately sponsored respectively) compared to the total of refugees brought in 2014. This is a significant increase in the number of Refugees 54 Important Changes in Canada s Private Sponsorship of Refugees Program, last modified January, 2013, http://ccrweb.ca/en/changes-private-sponsorship-refugees#fn7 55 Operational Bulletin 346 October 7, 2011. Repeal of the Source Country Class of Humanitarian- Protected Persons Abroad, last modified October 7, 2011, http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob347.asp 56 This changes in the regulation significantly affected applications made from Colombia where the applications submitted from 2005 to 2009 represented more than the upper range set for all resettled refugees in Canada s annual immigration plan. For more information see: Canada Gazette. Regulations Amending the Immigration and Refugee Protection Regulations, last modified March 19, 2011, http://www.gazette.gc.ca/rp-pr/p1/2011/2011-03-19/html/reg3-eng.html 57 Important Changes. 58 #Welcome Refugees: Key Figures, last accessed January 31, 2016, http://www.cic.gc.ca/english/refugees/welcome/milestones/data.asp 17 P age
Resettled in Canada if taking into account that the average of refugees resettled from 2005 to 2014 was over 11,400 refugees, and that this increase was reached in only two months. Regarding the country of citizenship of the resettled refugees, from 1980 to 2010, most of them have predominately come from Asian, African and the Middle Eastern such as Syria, Sudan, Somalia, Ethiopia, Sri Lanka, Iraq and Afghanistan, 59 as a result of the internal conflicts experienced in each of those countries. Only one Latin American country (Colombia) is part of the top ten countries of refugees sponsored to Canada. Table 1. Top ten Privately and Government Sponsored Refugees by Country of Origin 60 Top Privately Sponsored Government Sponsored 1 Sri Lanka Turkey 2 Hungary Iran 3 Syria Colombia 4 Sudan Ethiopia 5 Somalia Myanmar (Burma) 6 Ethiopia Afghanistan 7 Eritrea Congo 8 Afghanistan Somalia 9 Iraq Bhutan 10 Iraq Source: Citizenship and Immigration Canada, IMDB 2008 Immigration Category Profiles. Government- Assisted Refugees and IMDB 2008 Immigration Category Profiles. Privately Sponsored Refugees 59 Citizenship and Immigration Canada, IMDB 2008 Immigration Category Profiles. Government-Assisted Refugees. Appendix: Data Tables (Canada: 2012), last accessed January, 2016, http://www.cic.gc.ca/english/pdf/pub/imdb/gar_tables-e.pdf; Citizenship and Immigration Canada, IMDB 2008 Immigration Category Profiles. Privately Sponsored Refugees. Appendix: Data Tables (Canada: 2012), last accessed January, 2016, http://www.cic.gc.ca/english/pdf/pub/imdb/psr_3.pdf 60 The source used to elaborate this table did not have information available regarding the tenth country of origin with the most privately Sponsored Refugees in Canada. 18 P age
These Resettled Refugees have been distributed in different provinces among the country with a great predominance of refugees settled in Ontario and Quebec. However, as shown in Graph 2 and 3, those refugees brought by the government seem to be more spread among the country than those brought by private sponsors. In fact, the latter group are more concentrated in provinces such as Ontario, Manitoba, Alberta and Quebec. Graph 2. Distribution of Government Assisted Refugees by provinces 1980-2010 Saskatchewan 6% British Columbia 11% Alberta 12% Atlantic Canada 6% Quebec 24% Graph 3. Distribution of Privately Sponsored Refugees by provinces 1980-2010 Alberta 12% Saskatchewan 3% British Columbia 8% Other 0% Atlantic Canada 1% Quebec 10% Manitoba 7% Ontario 34% Atlantic Canada Quebec Ontario Manitoba Saskatchewan Alberta British Columbia Manitoba 15% Ontario 51% Atlantic Canada Quebec Ontario Manitoba Saskatchewan Alberta British Columbia Other Source: Citizenship and Immigration Canada, IMDB 2008 Immigration Category Profiles. Government- Assisted Refugees and IMDB 2008 Immigration Category Profiles. Privately Sponsored Refugees Refugee Claimants: The Numbers 61 From 2000 to 2014, 407,750 refugee claims were submitted in Canada at Ports Of Entry (POE) and Citizenship and Immigration Canada (CIC) offices. As can be seen in graph 4, the number of claims submitted in the country has significantly fluctuated over that period of time with a gradual fall in 2005, decreasing by 24,930 (55.8%) the claims made in Canada compared to those made in 2001. A similar drop was experienced years later when the number of claims went from 36,920 in 2008 to 10,380 in 2013, falling by 26,540 (37.2%). However, as can been also notice, a significant increase of 86.8% in the claims submitted between 2005 and 2008. 61 Unless otherwise specified, the data used in the following sections was provided upon request of information by Statistics Canada. It uses information from data bases such as CICEDW (EDW) and IRB. The numbers used in the data base provided have been subjected to random rounding and correspond to information obtained as for August 25 and 26, 2015. These are claims have been accepted at POEs and sent to the IRB. 19 P age
Graph 4. Total Refugee Claims Submitted in Canada 2000-2014 50000 45000 40000 35000 30000 25000 20000 15000 10000 5000 0 44695 37845 36920 33445 31885 33235 28515 25540 19765 22960 23180 25345 20500 10380 13450 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 These fluctuations are the result of some of the measures executed over the period 2000-2014. As can be seen, the implementation of the Immigration and Refugee Act in 2001 and 2002 drastically decreased the number of claims submitted in the country from 2001 to 2005. However, while measures such as Safe Third Country Agreement aimed to reduce the amount of claims made from within Canada by individuals coming from the United States, the numbers show that, in fact, more claims were submitted from 2005 to 2008. Distribution of Gender In terms of the distribution of the refugee claims submitted by gender, male and female applications have followed the same pattern as the total claims made in the country with its ups and downs as can be seen in graph 5. Nonetheless, despite the fact that male applications represented 60% of the claims in 2000, this difference between men and female applications started to slightly decrease reaching 55% by 2006. However, of the total claims made from 2000 to 2014, male applications accounted for 57%. 20 P age
30000 25000 20000 15000 10000 5000 0 Graph 5. Total Refugee Claims submitted in Canada by gender 2000-2014 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 Graph 6. Percentage of male and female Refugee Claims submitted in Canada 2000-2014 -70-50 -30-10 10 30 50 70 Male Female Female Male Distribution by Provinces In relation to the provinces where the refugee claims have been submitted, over 99% of them have been primarily made in only four provinces: Ontario (64%), Quebec (27.2%), British Columbia (6%) and Alberta (2.1%). These provinces have in common having the busiest border crossings and the largest number of permanent residents in Canada. 62 This is particularly important due to the likelihood of newcomers and refugees to first arrive and/or submit a claim from where family members, acquaintances or large communities of citizens from their own country reside. 62 As for 2014, the total number of people granted permanent resident in Canada in the provinces of Quebec (50,294), Ontario (95,814), Alberta (42,530) and British Columbia (35,170) accounted for 85,9% of the total number of people granted permanent resident in other provinces. See: Facts and Figures 2014 Immigration Overview: Permanent Residents, last modified August 1, 2015, http://www.cic.gc.ca/english/resources/statistics/facts2014/permanent/11.asp 21 P age
Table 2. Percentage distribution of refugee claims submitted in Canada by province 2000-2014 Province Total % New Brunswick 345 0.1 Newfoundland and Labrador 160 0.0 Nova Scotia 790 0.2 Prince Edward Island 0 0.0 Quebec 110,715 27.2 Ontario 260,815 64.0 Alberta 8,555 2.1 British Columbia 24,275 6.0 Manitoba 1,710 0.4 Northwest Territories 0 0.0 Saskatchewan 385 0.1 Yukon 0 0.0 Total 407,750 100 Graph 7. Percentage distribution of refugee claims submitted in Canada by province 2000-2014 Alberta 2% Ontario 64% British Columbia 6% Quebec 27% However, despite the concentration of refugee claims made in Ontario, Quebec, British Columbia and Alberta, as shown in graph 8, the submission of claims have fluctuated more in Ontario and Quebec than in Alberta or British Columbia where the claims submitted remained relatively steady over the period analyzed. Moreover, only the total number of Graph 8. Total numbers of Refugee Claims Submitted in Canada by province 2000-2014 50000 45000 40000 35000 30000 25000 20000 15000 10000 5000 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Quebec Ontario Alberta British Columbia Canada 22 P age
claims submitted in Ontario and Quebec register similar fluctuations to those experienced in Canada as a whole. This similar fluctuations can be explained by the fact that more of the refugee claims have been made in those provinces (91%) and as such they have been more sensitive to the aforementioned changes in the legislation made by the federal government than their counter parts. Countries of Persecution Regarding the countries of citizenship of the claimants who submitted a refugee claim between 2000 and 2014, Mexicans lead the top ten of countries with the most claims over that period of time with 45,565 claims, followed by Colombians (25,495), Chinese (24,795), Pakistanis (20,740) and Hungarians (19,095). These five countries represent over 33% of the total claims made in Canada from 2000 to 2014. The top ten list is completed by Sri Lanka (16,455), Haiti (13,775), India (11,635), the United States (11,005), and Nigeria (10,155). This top ten accounts for 48.7% of the total refugee claims submitted in Canada over the same period. Table 3. Top 10 Refugee Claims submitted in Canada by country of citizenship 2000-2014 Top Country Total % with respect to the total claims 1 Mexico 45,565 11.2 2 Colombia 25,495 6.3 3 China 24,795 6.1 4 Pakistan 20,740 5.1 5 Hungary 19,095 4.7 6 Sri Lanka 16,455 4.0 7 Haiti 13,775 3.4 8 India 11,635 2.9 9 United States of America 11,005 2.7 10 Nigeria 10,155 2.5 The table above allows to identify at least two interesting facts. On the one hand, as it was mentioned before when briefly referring to the Sponsored Refugees, the top 5 of countries from where those refugees have been resettled in Canada is composed by Colombia, China, Sri Lanka, Pakistan, and Haiti. Similarly, these countries are included in the top 10 of countries of origin of the individuals submitting refugee claims in Canada. This speaks on its own about the lack of respect and guarantee of human rights in those countries, the need 23 P age